lastorders

Hi everyone,

I hope somebody can help me.

My partner qualifies to emigrate to Canada due to her occupation & will have a job ready when she arrives. If all goes well we would like apply for PR.

My problem is that I was convicted of driving offences in Dec 2009 all for the same incident. No injuries. I attended court and received 6 points & £1500 fine, no ban.
AC10 Failing to stop
AC20 failing to report
CD10 Careless driving

I also have minor spent convictions (no jail terms /drugs/violence etc) mainly driving convictions all of these occurred about 20 years ago.

My question is
1. Will i be able to travel to Canada initially without a visa for a holiday ?
2. If my partner decides to take up the job offer will I be allowed to join her as a spouse without any issue ?

From the information I've read so far it seems unlikely as my recent driving conviction would class me as inadmissible (Criminal Code of Canada section 252)and I would need to wait 5 years ? Thanks in advance.

Moondoggy

If you are inadmissible, you won't be able to travel to Canada AT ALL, without first getting prior approval, not for a holiday, or to work, or as the spouse of your partner.

First you should look into figuring out if you definitely are inadmissible given your case.

Look into and read up on rehabilitation and deemed rehabilitated, since you mention that some of your convictions are from over 20 years ago.

There is also something called a Temporary Resident Permit (TRP) that allows you entry into Canada even if you are classed as inadmissible, my partner current has a TRP to allow him to accompany me to Canada since he is currently classed as inadmissible.

geedee

I heard somewhere that it's only crimes with jail time that worry them, but ask a lawyer.

As far as I know, if you have a UK passport this is all you'l need to fill in on arrival:

http://www.cbsa-asfc.gc.ca/publicati...s/e311-eng.pdf

It's a Customs form.

Think of it this way.... they let tony b'liar in, so I'm sure you'll have no trouble....

lastorders

Hi, thanks for the info. Just wondering how long did it take to process TRP ? did you apply yourself or through a lawyer - thanks

christmasoompa

Nope, it's any criminal convictions, even if they didn't result in a custodial sentence. So for instance, those who received a driving ban due to a criminal driving conviction, would be inadmissible to Canada until at least five years had passed from the end of that ban, even though they'd never been to prison.

And what convictions does he have?!

You seem to be advising somebody who appears to be inadmissible to Canada to just turn up, fill in a customs form, and keep his fingers crossed - it doesn't work like that!

Moondoggy

Sorry to tell you this but my experience with applying for a TRP for my partner via the London CIC was not a very good one!

(You can read my full post detailing my experience here : http://britishexpats.com/forum/showthread.php?t=733937)

Basically in a nutshell, I put together a very solid application for my partner for his TRP application and sent it off together with my application for a work permit. After approving my work permit after 10 weeks an immigration officer informed me that my partner's TRP application could take a further 4 more weeks. This time came and passed. I then spent a LONG time trying to contact the embassy in London to get some clarity on the situation, this was like banging my head against the wall. They refused to give me any additional information or even any indication of how long it would take to process his application. (They don't give estimates for TRP applications)
Finally after about 6 months of badgering them and trying to get them to talk to us, I informed them that we were going to fly to Canada anyway and try to apply for my partner's TRP at the airport when we land. Their response to this was that they wouldnt advise it but it was at our own risk, AND they told us that his application for a TRP was not considered a priority for them and hence they had no intention of processing it within any timeframe at all.

This upset us and gave us the conviction to try and apply at the airport after all, which we did!
The immigration officers in Canada were not at all pleased that we wanted to apply for a TRP as we landed since they said that they really should be issued via a CIC embassy (London). But once they heard about our experience and I showed them evidence that the London embassy had basically refused to process my partner's TRP application and we had been waiting 6 months already, they granted him a TRP and work permit at the airport!

So yeah essentially I would not recommend applying for a TRP via the London Canadian embassy at all, going on my own personal experiences from doing it.


Also I agree with christmasoompa: I would not knowingly travel to Canada if you suspect you are inadmissible hoping that you will just 'get in'. This will end badly I feel.

There are ways that you can check you status first if you are unsure.
* Have a criminal records check. ACPO check
* Send off to the embassy for 'information only' to see if they would regard your situation as inadmissible.

And Good luck!

clay

You seem to think driving convictions ( of which you have many ) are ok compared to assault chrge.... personally I would'nt want you driving anywere near me...

lastorders

Not very helpful comments,lets be a bit constructive here

I've had a clean license for 20 years ! the 2009 incident wasn't even an accident BUT you can stay clear if you want

lastorders

Thanks very much for your help, I will do as you said.I really appreciate it !

Former Lancastrian

The failure to stop would equate to section 252(1) (b) of the Criminal Code of Canada and punishable by a term of imprisonment not exceeding 5 years which is an indictable offence therefore making you inadmissible into Canada under section 36(2)(b) of IRPA.
As 5 years has not elapsed since the completion of the sentence imposed you are not eligible to apply for a waiver of rehabilitation.
There are no relief provisions in your case.
The issuance of a TRP is at the discretion of the examining officer and there is no guarantee of one being issued if you make the application at the POE.
You can apply for a TRP at the UK High Commission but applications can be up to 15 months as not deemed a priority.
Be aware that turning up at a POE you could be turned back.
Your decision as to which way you play this out.

clay

It must have been pretty bad to get such a massive fine ?? good luck though.

Moondoggy

Hi Former Lancastrian, I'm just curious as to where you got this "up to 15 months" to process a TRP application because as per my experience, the London high commission WOULDNT state how long an application that isn't deemed a priority would take. I.e it could take longer than 15 months.

Where did you get this information?

Thanks.

geedee

I see what you mean, but would that affect a "visitor" or a tourist on a UK passport?

Moondoggy

Yes! If you are inadmissible you CANNOT enter canada unless you get special permission. As a visitor, tourist, worker, student, whatever...

Former Lancastrian

Perhaps my job has something to do with it. I am not saying it will or wont take 15 months it could take longer. The consulates will never tell you processing times on TRP's as each application is dealt with on its own merits as opposed to general criteria for that of TWPs Study Permits etc.